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(영문) 서울서부지방법원 2017.06.15 2016가단18824
공탁금출급청구권확인
Text

1. The plaintiff's main claim against the defendants is dismissed in entirety.

2.(a)

The plaintiff (Counterclaim defendant) and the defendant B.

Reasons

1. Basic facts

A. On April 16, 201, Defendant B entered into a lease agreement between the lessor Nonparty C (hereinafter the lessor) and the lessor, setting the deposit amount of KRW 110,00,000,000,000 and KRW 203,000,000,000,000 from May 9, 2011 to May 18, 2013.

B. In order to pay the above lease deposit, Defendant B received a housing finance credit guarantee of KRW 63,00,000, out of the amount of loan to secure the repayment of the principal and interest of the loan from the Defendant Woori Bank Co., Ltd. (hereinafter “Defendant Bank”), and received a housing finance loan of KRW 70,000 from the Defendant Bank on May 18, 201, and paid the said deposit.

C. On May 12, 2015, Defendant B entered into an agreement with the lessor on the assignment of claims for the refund of the deposit of the apartment house against the Plaintiff, and notified the lessor of the said assignment by content-certified mail to the lessor on May 13, 2015.

In the provisional seizure of the claims by Defendant Corporation and Defendant Bank, on the other hand, Defendant Corporation and Defendant Bank received the provisional seizure of the claims against each of Defendant B’s lessors regarding the claim for return of apartment lease deposit amounting to KRW 110 million, and each of the above claims was served on the lessor, who is the garnishee, on July 16, 2015.

E. On August 31, 2015, the lessor deposited KRW 110,000,000 as the Plaintiff and the Defendants, on the ground that the lease deposit conflicts between the Plaintiff and the Defendant Bank’s decision of provisional seizure against each claim of the Defendant Corporation and the Defendant Bank and the notification of the transfer of claims to the Plaintiff.

F. Defendant Corporation shall pay Defendant B the amount of KRW 64,981,270 on November 3, 2015, upon the Defendant Bank’s request for the performance of guaranteed obligations.

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